Ord 2016-050/revisions to the San Marcos City Code of Ordinance Chapter 39: Flood Damage Prevention Ordinance

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A floodplain development permit is required for all proposed construction or other development within regulatory floodplains or other areas of flooding identified by the City of San Marcos to ensure conformance with the provisions of this chapteraftiele. Sec. 39.023. Compliance. No development shall hereafter occur without full compliance with the terms and provisions of this chapter el€ and other applicable regulations including but not limited to Subpart B — Land Development Code regulations. Sec. 39.024. Abrogation and greater restrictions. This chapter;le is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this chapter Fti-c4e and another conflict or overlap, whichever imposes the more stringent restrictions shall prevail. Sec. 39.025. Interpretation. In the interpretation and application of this chapterfe all provisions shall be: (1) Considered as minimum requirements; (2) Liberally construed in favor of the city; and (3) Deemed neither to limit nor repeal any other powers granted under state statutes. Sec. 39.026. Warning and disclaimer of liability. The degree of flood protection required by this cha terartiele is considered reasonable for regulatory purposes and is based on scientific and engineering consideration. Larger floods have occurred and will occur again.°,,,, and will ^ .. Flood heights may be increased by man -made or natural causes. This chapteraftie4e does not imply that land outside the areas of special flood hazard or uses permitted within such areas will be free from flooding or flood damages. This chapterartiele shall not create liability on the part of the city or any official or employee thereof for any flood damages that result from reliance on this article or any administrative decision lawfully made thereunder. Sec. 39.027. Designation of floodplain administrator. The director shall appoint a floodplain administrator to administer and implement the provisions of this chapterele. Sec. 39.028. Duties and responsibilities of the floodplain administrator. Duties and responsibilities of the floodplain administrator include: